Random testing, FAA, due process, policy and procedure, safety, private right of action.

Curtis Schmeling appeals a lower court's ruling in his suit against his former employer, Nordam. Schmeling worked as a airplane parts repairman. His position was subject to federally-mandated drug testing. He posted a positive result in one test and was required to enter a treatment program. Schmeling posted a negative result in a post-treatment test but was dismissed from his job three weeks later. Schmeling argued that the company violated the state's workplace drug testing statute. The company argued that Schmeling was dismissed for comments he made to a company secretary. The company successfully transferred the case from a state court to a federal district court and filed a motion for summary judgment.

A U.S. District Court granted the company's motion for summary judgment. The court ruled that Schmeling's complaint lacked standing and that FAA regulations outweighed Oklahoma state law. Schmeling now appeals.

The United States Court of Appeals for the Tenth Circuit vacated the decision of the district court and remanded the case with instructions that it be transferred to an appropriate state court. The court of appeals ruled that the federal courts lacked jurisdiction on the issue at hand.